TERMS AND CONDITIONS
Welcome to MagicPort!
MagicPort is owned and operated by MagicPort Private Limited.
These are the terms and conditions for:
By using the platform and services, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the words "platforms", “platform” refers to the SaaS platforms and website offered by MagicPort as a whole, "we", "us", "our" and "MagicPort" refers to MagicPort and "you" and "user" refers to you, the MagicPort user.
The following terms and conditions apply to your use of our platforms and solutions. This includes the mobile and tablet versions, as well as any other versions of MagicPort accessible via desktop, mobile, tablet, social media or other devices.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING, POSTING INFORMATION OR OBTAINING ANY SERVICES FROM MAGICPORT.
1. ACCEPTANCE OF TERMS
This agreement sets forth the legally binding terms for your use of MagicPort's services and solutions. By registering and using the platforms, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use the platforms and stop using the services immediately. We may modify this agreement from time to time, and such modification will be effective when posted on the website. You agree to be bound by any modifications to these terms and conditions when you use MagicPort's services after such modification is posted; therefore, it is important that you review this agreement regularly. We recommend printing a copy of these terms for future reference.
Use of the platforms is prohibited for children under the age of 13. For children under the age of 18 and over the age of 13, it is the responsibility of parents and legal guardians to determine whether use of the platforms or any of the content and functionality available on the platforms is appropriate for their child or minor in custody.
If you are using the services on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your organization to these terms. Accordingly, all references in these terms to “you” or “user” shall be deemed to include your organization, except where the context may otherwise require. If you do not have such authority, then you may not use the service on behalf of your organization and you must discontinue all use of the service immediately.
You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the platforms does not violate any applicable law or regulation. MagicPort may, in its sole discretion, refuse to offer the services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platforms is revoked in such jurisdictions.
By using the platforms, you represent and warrant that you have full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you have no legal incapacity or contractual restriction that would prevent you from entering into this agreement.
Our site and all the terms thereof is governed by the laws of Singapore. We do not represent that content available on or through our site is appropriate for use or available in other locations.
2. ACCOUNT
When registering on the platform, the user must choose a password and may be asked for additional information such as email address. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify MagicPort at [email protected] of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. You may never use another user's account without MagicPort's prior authorization.
MagicPort will not be liable for any loss or damage arising from your breach of this agreement.
Users may cancel their accounts at any time and for any reason by following the instructions on the platform or by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all personal data transferred to MagicPort.
MagicPort reserves the right to terminate your account or your access or disable any user identification code or password immediately, with or without notice, and without liability to MagicPort, if MagicPort reasonably believes that you have breached any of these terms, provided MagicPort with false or misleading information, or interfered with another's use of the platform or the service.
3. NOTIFICATIONS
By providing MagicPort with your email address, you agree that we may use your email address to send you notifications about MagicPort. We may also use your email address to send you notifications and other messages, such as changes to service features, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by submitting your removal request through the contact information or by using the "unsubscribe" option in the emails. Opting out may prevent you from receiving notifications and mailings about updates, news or special content.
4. MAGICPORT
MagicPort is a collaboration platform for all players in ship operations, ship suppliers and service providers, ship owners and managers, and seafarers and other maritime professionals. We bring these players together on a digital platform and provide them key information they need to work together. We also provide advanced intelligence and automation software tools to facilitate seamless collaboration among different players in maritime operations. We aim to make shipping operations more efficient and sustainable.
MagicPort offers the following solutions:
The price of the solutions and services will be determined by the solution and subscription selected by the user. The user or customer can request a demonstration of our platforms and solutions through the contact forms available on the platform. Please select the service or platform of interest and complete the form. MagicPort may cancel any service and may change or discontinue the availability of services and subscriptions at any time at its sole discretion.
5. SUBSCRIPTIONS
MagicPort offers our services and solutions through subscriptions. When a user purchases a subscription, MagicPort will send a confirmation email. This confirmation email will be produced automatically so that the user will have confirmation of the payment and the start of the subscription. If the user does not receive the email confirmation of the purchase and the start of the subscription, it is possible that you have received it in your spam folder.
Subscriptions will have a 14-day trial period. Users may cancel the subscription during the 15-day trial period and receive a full refund. Please note that applicable fees may be deducted from the applicable payment processor for your refund.
MagicPort may cancel the sale of any subscription and may change or discontinue the availability of subscriptions at any time at its sole discretion. If a subscription purchase is cancelled, the payment made for the subscription will be refunded in the applicable billing period. This does not affect your statutory rights.
Subscriptions include automatic recurring payments. You authorize MagicPort to renew your subscription and to charge you periodically and progressively on each billing date. The subscription billing date is the date on which you purchase the subscription and make the first payment. On the corresponding billing date, you will automatically be charged the corresponding subscription fee. The subscription will remain active until you cancel it or we terminate it. You must cancel your subscription before it renews to avoid the next billing period. We will bill you for the subscription billing fee in the payment method you choose during registration and subscription purchase.
Subscriptions will automatically renew for an additional period unless cancelled prior to the next billing period. To cancel subscriptions, users must submit a cancellation request through our contact information and the subscription will be cancelled for the next billing period. If a subscription is cancelled, the user may continue to use the website payment features for the subscription until the next billing period, at which time the subscription and access to the website payment features will be cancelled.
6. PAYMENTS
Subscriptions can be paid through the following payment methods:
Payments will be processed through our payment processor "Stripe". The subscription payment will be charged to your credit/debit card immediately after completing the payment and subscription registration process. The subscription will be activated upon completion of the payment and registration process and will be charged on each billing date automatically. Once the transaction is processed, we will send an electronic receipt to the user's email address.
If you find any inconsistencies in your billing, please contact us via our contact details or you can make a complaint via the Buyer service of the relevant payment platform.
If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 working days. Your card may be declined for a number of reasons, such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.
If your payment is declined, you will need to provide an alternative payment method or provide another card on which the payment can be charged and processed.
Your payment details will be treated and retained securely and for the sole purpose of processing the purchase of the subscriptions. MagicPort reserves the right to engage any payment platform available on the market, which processes your data for the sole purpose of processing the purchase of the subscriptions.
If you agreed to pay through bank / wire transfer, you will need to send the subscription amount to MagicPort bank account detail presented on your invoice. Your subscription will start after your payment is received in MagicPort bank account.
7. DISCLAIMER
By using the platform and the functionalities included in the platform, you accept personal responsibility for the results of the use of the platform. You agree that MagicPort does not guarantee any results, benefits or failures as a result of your use of our platform. You acknowledge and agree that your ultimate success or failure to use the platform and the functionalities available on the platform will be the result of your own efforts, your particular situation and other circumstances beyond MagicPort's control.
By visiting the website and accessing the content available on the website, you accept personal responsibility for the results of the use of the information and content available on the website. You agree that MagicPort does not guarantee the results of actions advised or not advised by this website and the content available on the website. MagicPort provides resources and content for informational purposes only. You acknowledge and agree that your ultimate success or failure in using the information and content available on the website will be the result of your own efforts, your particular situation and a number of other circumstances that are beyond MagicPort's control. This disclaimer is not intended to exclude any warranty implied by law that cannot be legally excluded.
8. LICENSE TO USE THE PLATFORM
MagicPort grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive license to use the software (SaaS platforms) that MagicPort provides to you as part of the services. This license is for the sole purpose of allowing you to use and enjoy the benefits of the services and functionalities available on our platforms or solutions, in the manner permitted by these terms.
You may not copy, modify, distribute, sell or rent any part of our services or the included software, nor may you reverse engineer or attempt to extract the source code of such software, unless such restrictions are prohibited by law, or you have our written permission.
You agree not to use the platform and services in a negligent, fraudulent or unlawful manner. You also agree not to engage in any conduct or action that may damage the image, interests or rights of the MagicPort platform or third parties.
MagicPort reserves the right to terminate the user's access immediately, with or without notice, and without liability to MagicPort, if MagicPort reasonably believes that the user has violated any of these terms or has interfered with the use of the platform or the service by others.
9. COPYRIGHT
MagicPort is the owner or the licensee of all intellectual property rights in our Site, and all materials, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other items on our platform, are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by MagicPort or by third parties who have licensed or provided their material to the platform. These rights are protected by relevant laws and treaties around the world. All such rights are reserved.
You acknowledge and agree that all MagicPort materials are made available for your limited, non-commercial, personal use. Except as specifically provided herein. No material may be copied, reproduced, republished, modified, sold, downloaded, posted, transmitted or distributed in any way, or otherwise used for any purpose, by any person or entity, without the prior express permission of MagicPort. You may not add to, delete, distort or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security feature, or to use MagicPort or any portion of the material for any purpose other than its intended purpose is strictly prohibited.
10. COPYRIGHT INFRINGEMENT
MagicPort will respond to all inquiries, complaints and claims relating to alleged infringement by breach or violation of the provisions contained in Singapore and international copyright and intellectual property laws and regulations. MagicPort respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material provided on the website infringes your copyright or other intellectual property rights, please submit your request through our contact information, with the following information:
11. PERSONAL INFORMATION
Any personal information you provide in connection with your use of the platform and our services will be used in accordance with our privacy policy. See our privacy policy.
12. CONFIDENTIAL INFORMATION
Information provided by our users through the use of our platforms will be treated as confidential information and will be used solely for the purpose of providing the functionalities within the platforms. MagicPort will protect such confidential information from disclosure to third parties by employing the same degree of care used to protect its own confidentiality or proprietary information of similar importance. MagicPort may disclose confidential information received pursuant to our services to our employees who have a need to know and have a legitimate interest, provided that the employees are obligated to protect such confidential information from unauthorized use and disclosure. Confidential information will not be disclosed to third parties without the prior written consent of the user who owns the information.
13. PROHIBITED ACTIVITIES
The content and information available on the platform (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such content and information, is owned by MagicPort or licensed to MagicPort by third parties. For all content other than your own, you agree not to modify, copy, distribute, transmit, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or resell any information, software or services obtained from or through the platform. In addition, the following activities are prohibited:
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Singapore Computer Misuse Act 1993. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
14. DISCLAIMER OF WARRANTIES
Due to the nature of the Internet, MagicPort provides and maintains the platform on an "as is," "as available" basis and does not promise that use of the platform will be uninterrupted or error-free. We are not liable to you if we are unable to provide our Internet services for any reason beyond our control.
Our platform may occasionally contain links to other websites and resources provided by third parties that are not under our control or maintained by us. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. These links are provided solely for your convenience, and we are not responsible for the content of those websites.
Except as provided above, we cannot provide any other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the fullest extent permitted by law.
You shall be liable for any breach of these terms by you and, if you use the platform in breach of these terms, you shall be liable for and shall reimburse MagicPort for any loss or damage caused as a result.
MagicPort shall not be liable for any amount for breach of any obligation under this agreement if such breach is caused by the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war or acts of God.
These conditions do not affect your statutory rights as a consumer, which are available to you. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
Subject to the foregoing, and to the maximum extent permitted by law, MagicPort excludes all implied conditions, warranties, representations or other terms that may apply to our site or any content on it. We will not be liable to you for any loss or damage , whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, including without limitation any direct, indirect or consequential loss, whether or not arising out of any problem which you notify MagicPort of, and MagicPort shall have no liability to pay any money by way of compensation, including without limitation any liability in connection with:
15. ELECTRONIC COMMUNICATIONS
MagicPort will not accept any liability for failed, partial or garbled computer transmissions, for any breakdown, failure, connection or availability of computer, telephone, network, electronic or Internet hardware or software, for the acts or omissions of any user, for the accessibility or availability of the Internet or for traffic congestion or for any unauthorized human act, including any error or mistake.
16. THIRD PARTIES
Through your use of platform and services you may encounter links to third party sites or be able to interact with third party sites. These third parties may charge a fee for the use of certain content or services provided on or through their websites. Therefore, you should investigate as you deem necessary or appropriate before proceeding with any transaction with any third party to determine whether a fee will be incurred. Where MagicPort provides details of fees or charges for such third-party content or services, such information is provided for convenience and information purposes only. Any interaction with third party sites and applications is at your own risk. You expressly acknowledge and agree that MagicPort is in no way responsible for such third-party websites.
17. RULES ABOUT LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our site other than that set out above, please contact [email protected].
18. INDEMNIFICATION
You agree to defend and indemnify MagicPort from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including, but not limited to, reasonable legal and accounting fees, brought by third parties as a result of:
19. CHANGES AND TERMINATION
We may change the platform and these terms at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. Your continued use of the platform constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. We may also change our subscription fees and will notify you on any of such changes. Unless otherwise specified, all changes to these terms apply to all users. In addition, we may terminate our agreement with you under these terms at any time by notifying you in writing (including by email) or without notice.
20. INTEGRATION CLAUSE
This agreement, together with the privacy policy and any other legal notices posted by MagicPort, shall constitute the entire agreement between you and MagicPort and shall govern your use of the platform.
21. DISPUTES
These terms of use, their subject matter and their formation, are governed by the laws of Singapore. You and we both agree that the courts of Singapore will have exclusive jurisdiction over any dispute, controversy or claim relating to MagicPort and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of Singapore.
You agree that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the platform, shall be resolved by binding arbitration between you and MagicPort, provided that each party retains the right to bring an individual action in an arbitration in Singapore, as long as it is subject to arbitration.
In the event a dispute arises in connection with your use of the platform or breach of these terms and conditions, the parties agree to submit their dispute to arbitration resolution before the Singapore International Arbitration Centre in accordance with the applicable commercial arbitration rules of the centre.
You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. MagicPort may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue the dispute process, you must initiate the dispute resolution process before arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties. To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the platform.
The courts of Singapore shall have jurisdiction over any dispute, controversy or claim relating to MagicPort and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of Singapore.
22. FINAL PROVISIONS
These terms and conditions are governed by the laws of Singapore. Use of the MagicPort platform is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions.
Our compliance with these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our platform or information provided to or collected by us in connection with such use.
If any section of these terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Our failure to enforce or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision in the future.
Any rights not expressly granted herein are reserved.
23. CONTACT INFORMATION
If you have questions or concerns about these terms, please contact us through our contact page or by using the contact information below:
MagicPort.
Email: [email protected]